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Position:Home>Philosophy> In a Democratic Republic, where does the Law reside?Question: In a Democratic Republic, where does the Law reside!? I repudiate any claim that the Law resides in the state!. The state and ALL of its administrators, in a Democratic Republic, are the hired lackies of the people!. I admit they frequently forget their place and must be reminded from time to time who REALLY runs the place!.Www@QuestionHome@Com
Best Answer - Chosen by Asker: In the consent of the governed!. Power in the structure of the law is in the "common sovereignty!." [Locke] But in what form political organization is wholly up to the governed!. In the case of the States, the Colonies wanted to keep control, but it could as easily have been one huge large national government--with the consent of the governed!. The powers not vested in the Federal government and prohibited to it belong to the State, which before the 14th Amendment was considerable and primary!. But what did not reside in the State and was prohibited to it belonged to the "people" as sovereign individuals!. "Individual sovereignty was not a peculiar conceit of Thomas Jefferson: It was the common assumption of the day;" http://www!.friesian!.com/ellis!.htm But after the 14th Amendment created "citizens of the United States," a citizen which had not existed in our laws previously, the Federal Government gained enormous powers over the States!. It was not realized at the time how much power!. But that power can go on forever so long as the Supreme Court allows it and the Congress uses it!.Www@QuestionHome@Com the illuminaties, I would've loved to share your optimism about "must be reminded from time to time who REALLY runs the place!." but unfortunately that is not the way things go, democracy according to my understanding and the way is interpreted today is you have the right to object on a certain condition but that does not mean the gov will act accordingly, the so called democratic republics nowadays are like monarchy, ruled by certain clans (the Kennedy's, The Bush's etc) and companies cartels that decides on which country a war should be waged!.Www@QuestionHome@Com The State institutes the Law in the public interest, and enforces it with the authority granted by the Public at large!. (Three cheers for The Constitution!) The Law shouldn't reside with the Government, because Law is (or should be) an institution above mere politics!. Government policy typically represents only the segment of the population who voted with the ruling party -- it doesn't represent everyone!. We run the risk of alienating the minority by placing the whole institution of the Law in the hands of mere elected officials!.Www@QuestionHome@Com The state does mandate what its officials will!. But its mandates are without effect unless the people consent!. Therefore, effective laws become a component of custom!. Societies that condemn the arbitrary killing of other humans, for instance, will readily enforce laws against murder!. The next logical question for me is to consider to what extent law and order would exist absent the state!.Www@QuestionHome@Com In a true democratic republic, the state is run by the people!. However, countries such as the USA and the UK are not democracies, but elective oligarchies!. In a true democracy a referendum would be held for every decision!. In an elective oligarchy, the people choose a small minority to rule them!.Www@QuestionHome@Com I agree with Christian!. How would someone feel if they were tried and convicted by employees of the Office of the Justice Minister!? Mercifully in Canada judges are appointed by the head of state, not elected by the masses as in the US!.Www@QuestionHome@Com |